Left Out of a Parent's Will? Understand Your Options in Florida

The short answer: a valid Florida will controls who receives the estate

If a sibling is left out of a valid will, the sibling generally receives nothing from the property that the will covers. The will decides who gets that property. Property the will does not effectively dispose of passes to heirs under Florida’s intestacy rules (Fla. Stat. § 732.101).

Intestacy means there is no valid will covering the property. A will must be in writing and signed at the end. It also needs at least two attesting witnesses who sign in the testator’s presence and in each other’s presence. If a document misses those steps, it can be challenged.

Results depend on the facts. Those facts include whether the will is valid, how each asset is titled, and whether a trust or beneficiary form controls certain property. Leslie V. Marenco is the responsible lawyer for this page. Trust Counsel, PL’s only office is in Coral Gables, Florida.

Can a parent leave an adult child out of a will in Florida?

Questions about a will often arise when a family member is left out of it. Those requirements in Florida’s will statute do not include giving a reason for each gift or omission.

The main statutory share that limits a person’s freedom to leave property by will is the elective share. Florida gives a surviving spouse the right to an elective share of the elective estate of a person who dies domiciled in Florida (Fla. Stat. § 732.201). That right belongs to the spouse, so siblings should not assume a spouse’s rights apply to them.

A letter explaining a parent’s wishes can help show what the parent intended.

Is it wrong to disinherit your child?

Whether leaving a child out is fair is a personal and family question. The legal question is different. A court asks whether the document is valid and whether the will was procured by improper means.

Florida law says a will is void if its execution was procured by fraud, duress, mistake, or undue influence (Fla. Stat. § 732.5165). If only part of a will was procured that way, that part is void. The rest stays valid if it is not invalid for other reasons.

So the emotional question of fairness and the legal question of validity can have very different answers. Families often mix the two. Keeping them apart makes the next steps clearer.

What passes outside the will and may still reach a sibling

Some property often passes outside a will. In general, assets held in a trust, accounts with named beneficiaries, and property held in joint title follow the terms of those documents. The will may not control them at all.

A sibling may be named in a trust, an older will, a beneficiary form, or a deed, even when the newest will leaves that sibling out. This is why reviewing every document matters. A single missing form can change the picture.

The trust litigation team’s guide on assets that should never be included in a living trust explains which property is often handled outside a will.

How a left-out sibling may challenge a will

A sibling who wants to challenge a will usually needs a legal ground. Florida’s statute names fraud, duress, mistake, and undue influence as grounds that can void a will or part of it (Fla. Stat. § 732.5165). Under Fla. Stat. § 732.5165, a will is void if its execution is procured by fraud, duress, mistake, or undue influence.

Burden of proof matters. The person offering the will must first show its formal signing and witnessing. After that, the person contesting it must prove the grounds for the challenge (Fla. Stat. § 733.107). When a presumption of undue influence applies, it shifts the burden of proof under that statute.

Timing is strict. A contest to a will cannot begin before the testator dies (Fla. Stat. § 732.518). After notice of administration, an interested person on whom it is served must object to the will’s validity within 3 months of service, or those objections are forever barred; the 3-month period may only be extended for estoppel based upon a misstatement by the personal representative (Fla. Stat. § 733.212). A challenge to a revocable trust is barred if not filed within the earlier of the chapter 95 period or six months after the trustee sent the person a copy of the trust instrument and a notice informing the person of the trust’s existence, the trustee’s name and address, and the time allowed for commencing a proceeding (Fla. Stat. § 736.0604). Check these deadlines early.

Can one sibling force the sale of inherited property?

Co-owners’ rights depend on how title is written on the deed and the estate documents. Those papers show whether siblings hold property together and what each one can do with it. Reading the exact title language comes first.

A dispute over shared property can end up in civil court. The Miami-Dade Clerk’s civil court page describes county and circuit civil court jurisdiction, including property-title actions.

A sibling in a co-ownership dispute should gather the deed, the will or trust, and any written agreement between the siblings before taking action. Acting without those papers can make the situation harder to sort out.

How long after death can a will be enforced, and what happens in probate

A will is usually filed with the court after death. The personal representative (often called an executor) must promptly serve a copy of the notice of administration on known persons, including beneficiaries (Fla. Stat. § 733.212). The personal representative runs the estate under court supervision.

The notice starts the window for objections. The Miami-Dade Clerk’s probate court page describes the deadline to deposit a decedent’s will and the use of caveats filed by heirs, interested parties, or creditors.

Probate rules change over time. The firm’s article on recent changes to Florida’s probate system covers recent procedure. Check current law before relying on any timeline.

What to gather before talking with a Florida trusts and estates attorney

Start with the documents. Gather every will and codicil, any trust agreements, deeds, beneficiary forms, account statements, and the death certificate. A codicil must follow the same formalities as a will (Fla. Stat. § 732.502), so keep it with the will. Include any self-proving affidavit too.

Next, write a dated record. Note relevant messages, letters, or conversations that show a parent’s stated wishes. Include a rough timeline of the parent’s health, the signing dates, and who helped prepare the documents.

This background helps frame the situation. It does not decide the outcome, but it gives a lawyer a clear starting point.

Talking through your situation with Trust Counsel

Many people research this question after learning of an omission. Others look into it for a parent or a sibling who is struggling with a document they did not expect. You may not know yet what your options are.

The firm advises and represents trustees, personal representatives, and beneficiaries. Trust Counsel’s attorneys can serve individually as trustee or personal representative. Some matters may be referred to another lawyer or firm.

Your first consultation is free, confidential, and carries no obligation to continue. Contact Trust Counsel or call (305) 707-7126 to talk through the documents you have.

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